Title 13 — EDUCATION

If a school district has irrevocably pledged taxes collected to the payment of principal and interest on installment purchase contracts or capital outlay certificates entered into or issued pursuant to § 13-16-6 or 13-16-6 .2 or lease-purchase agreements or other arrangements wit…

In no year may the annual tax levy provided in this section exceed three dollars per thousand dollars of taxable valuation of the school district for the current year. For purposes of this section, an increase in value resulting from an improvement made to an owner-occupied singl…

13-16-34. Omitted

The maximum amount a school district may transfer on an annual basis is the amount of wind energy tax revenue that is able to be retained by the district and not counted as local effort. Notwithstanding § 13-16-6 , wind energy tax revenue transferred to the capital outlay fund un…

School district funds are all moneys received by the school district or schools within said district or as a result of an activity carried on by the said school. Said funds come from the following sources: taxes, income from school property; school district borrowing through bond…

At or before the issuing of any bonds the school board shall provide for the collection of an annual tax sufficient to pay the interest and principal thereof when due, for the entire term of years for which said bonds are to run, by proper resolution, copy of which shall be filed…

The county auditor shall have the power and the duty to levy a tax from year to year against the property of the district in accordance with such resolution to meet said bond redemption fund payments when due without further notice or demand from such school district, provided, h…

Money received from the sale of refunding bonds shall be placed in the bond redemption fund to be held, or invested, and applied to the payment of the bonds to be refunded. The school board shall cause to be certified to the county auditor the amount of money so received and plac…

When the tax levied under § 13-16-11 shall be collected the business manager shall enter the same into the bond redemption fund and the same shall not be used for any other purpose and shall be applied to the payment of bonds when due and for the payment of interest thereon. Sour…

No money in the bond redemption fund may be transferred to any other fund unless a sufficient amount of money is retained in this fund to retire all outstanding bonds together with such interest as will accrue on such bonds. If any money is transferred from the bond redemption fu…

The school board of every school district shall by resolution duly adopted at any annual, regular, or special meeting designate any bank or banks within the state as depositories for the funds or any part or parts of the funds of the district. Source: SDC 1939, § 15.2524; SL 1955…

Domestic savings and loan associations whether chartered by this state or by the United States are official depositories for school district funds; provided such funds are invested only in the accounts of such associations which are insured by the federal Savings and Loan Insuran…

All accumulations in all school district funds shall be deposited in lawful depositories in checking accounts, savings accounts, or time deposits, or invested, except as hereinafter limited, in: (1) Bonds, registered warrants, or promissory notes of the school district making the…

Any domestic federal credit union chartered by the United States is a qualified public depository for school district funds if such funds are invested in accounts which are insured by the National Credit Union Administration. Source: SL 1987, ch 71 , § 3; SL 1988, ch 27 , § 2.

The school board shall prescribe policies and procedures governing the stewardship of custodial funds consistent with provisions of this title. The school board may designate an employee of the school district to be in charge of each custodial fund. The employee designated, if ot…

Transfers out of the Title VIII of the Elementary and Secondary Education Act fund shall be made at the discretion of the school board. Source: SL 1991, ch 138 , § 3; SL 1997, ch 89 , § 3; repealed by SL 2012, ch 87 , § 14; reinstated by SL 2013, ch 73 , § 3.

The employee in charge of a custodial fund may issue checks for disbursements from the fund. Unless required by the school board, the disbursements do not require prior approval by the board nor signature of the presiding officer of the board or the business manager. The employee…

The employee of the school district designated by the board to be in charge of a custodial fund shall monthly and annually submit reports to the school board. The fund shall be audited as part of the regular audit of the school district. Source: SL 1955, ch 41 , ch 10, § 11; SDC …

Every contract made or check or registered warrant issued in excess of the issuing capacity of the district as restricted in this title is void and is not an obligation of the district. Source: SL 1955, ch 41 , ch 10, § 14; SDC Supp 1960, § 15.2214; SL 1975, ch 128 , § 106; SL 19…

13-16-26.1

All or any part of a surplus of any school district fund, except the capital outlay fund provided by §§ 13-16-6 to 13-16-9 , inclusive, and the special education fund provided by § 13-37-16 may be transferred to any other school district fund. Only a school district with a plan f…

13-16-26.3 Transfer of moneys between funds in newly consolidated districts--Restrictions--Reversion of funds--Promulgation of rules. 13-16-26.4 Transfer of certain special education funds to carry out activities under Elementary and Secondary Education Act. 13-16-27

Notwithstanding § 13-16-26 , no school district may transfer any funds, exclusive of federal funds and wind energy tax revenue that is defined in § 13-13-10.1 and apportioned pursuant to § 10-35-21 , from the general fund to the capital outlay fund, bond redemption fund, or the c…

Notwithstanding any other provision of this chapter, if two or more school districts consolidate, for one year after the effective date of the consolidation pursuant to § 13-6-61 , the newly formed school district may transfer any money from its general fund to its capital outlay…

Notwithstanding the provisions of § 13-16-26 , as provided by 20 U.S.C. § 1413 as amended through July 1, 2005, in any fiscal year in which a school district is allocated federal IDEA funds greater than the allocation received in the prior fiscal year, the school district may tra…

13-16-29 School district repayment fund created--Pledge of revenues--Creation of sub-funds or accounts. 13-16-30 Title VIII of the Elementary and Secondary Education Act fund. 13-16-31 Transfers from Title VIII fund. 13-16-32 Special education fund--Legal costs allowable expendit…

For any necessary reason an audit of the books of any school district may be called at any time by the auditor - general of the state, the school district board, or the voters of the school district by petition signed by twenty percent of the resident taxpayers of such district a…

There is created a separate trust fund designated the school district repayment fund consisting of all revenues with respect to school district lease, resolution, certificate, or other arrangement, or any bond, note, or certificate issued to or in connection with a program sponso…

The general fund of the school district is a fund provided by law to meet all the operational costs of the school district, excluding capital outlay fund and special education fund expenditures pursuant to § 13-13-37 , and to redeem all outstanding warrants against the general fu…

Any funds received from the federal government under the provisions of Title VIII of the Elementary and Secondary Education Act for basic support may be deposited into the Title VIII of the Elementary and Secondary Education Act fund. Source: SL 1991, ch 138 , § 2; SL 1997, ch 89…

The Title VIII of the Elementary and Secondary Education Act fund shall serve as a fund from which transfers shall be made to the funds enumerated in §

The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to identify allowable expenditures from the special education fund. Legal costs incurred by a school district as a direct result of providing special education or special education and rel…

Each school district shall file the annual financial report pursuant to § 13-8-47 using the uniform accounting system as defined in the accounting manual developed pursuant to §

Omitted 13-16-35 Use of admission fees for interscholastic activities by local organization--Approved purposes--Report to school board.

Any member school of an association provided for in § 13-36-4 to which control, supervision, and regulation of high school interscholastic activities has been delegated, may, during each school year, allow any portion of the admissions fees collected at a single event in each act…

The general fund in any school district authorized to receive funds from the federal government under Public Law 874 may be utilized for lease payments on equipment, teacherages, buildings, and other real estate, subject to the limitation that no more than ten percent of the gene…

13-16-6.1 Bidders on installment purchases or lease-purchase agreement to state interest rate and installment schedule. 13-16-6.2 Capital outlay certificates authorized--Issuance--Sale--Election--Maturity. 13-16-6.3 Hearing on installment purchase, lease-purchase or capital outla…

The board of a school district may expend moneys from the capital outlay fund for: (1) Any expenditures that are required as the result of the acquisition or lease of or additions to real property, plant, or equipment; (2) Land, existing facilities, improvement of grounds, constr…

Notwithstanding the provisions of chapters 5-18A and 13-20 , if any proposed installment purchase contract or lease-purchase agreement authorized under chapter 13-16 , is to be entered into by a school district, the notice for bidders shall require the bidders to state the rate o…

The total accumulated unpaid principal balances of such installment contracts and lease-purchase and the outstanding principal amounts of such capital outlay certificates may not exceed three percent of the taxable valuation. The school district shall provide a sufficient levy ea…

Any proposed installment purchase contract, lease - purchase, or issue of capital outlay certificates authorized pursuant to § 13-16-6 or 13-16-6.2 which will obligate the school district for future payments on the principal, the total of which will exceed one and one - half perc…

Approval to enter into an agreement or issue capital outlay certificates pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty d…

The school board of any school district of this state may at the board's discretion authorize an annual levy of a tax not to exceed three dollars per thousand dollars of taxable valuation on the taxable valuation of the district for the capital outlay fund for assets as defined b…

13-16-7.2 Maximum taxes--Pledge of taxes. 13-16-7.3 Maximum pledge of taxes--Limitations. 13-16-7.4 Maximum pledge of taxes--Transition. 13-16-8 Bond and certificate proceeds placed in capital outlay fund. 13-16-9 Expenditure of money from capital outlay fund. 13-16-9.1 Validatio…

Starting with taxes payable in 2021, a school district is limited to the maximum taxes allowed pursuant to § 13-16-7 or three thousand four hundred dollars for each enrolled student as determined in the fall enrollment count set forth in § 13-13-10.1 for the prior school year, wh…

Notwithstanding the provisions of § 13-16-7, a school board that, in calendar year 2020 was limited to a maximum capital outlay revenue of one thousand four hundred dollars or less per student is eligible, starting with taxes payable in 2021, to authorize the levy of a tax not to…

Any school district impacted by the three thousand four hundred dollar tax limitation as provided in § 13-16-7.2 during calendar years 2021, 2022, and 2023 may transfer to the general fund the actual total dollar amount the school district transferred in fiscal year 2020. Beginni…

Money received from the sale of capital outlay bonds and capital outlay certificates shall be placed in the capital outlay fund. Source: SL 1955, ch 41 , ch 10, § 3; SDC Supp 1960, § 15.2203; SL 1978, ch 109 , § 6.

Money can be expended from the capital outlay fund only for the purposes defined in § 13-16-6 and for the redemption of outstanding warrants against this fund. Source: SL 1955, ch 41 , ch 10, § 3; SDC Supp 1960, § 15.2203.

All contracts and agreements entered into prior to January 1, 1988, by any school district under the provisions of § 13-16-6 , that have resulted in the acquisition of fixed assets or addition to fixed assets, provided the amounts involved do not result in the creation of indebte…